Issue: Under Illinois law, may an appeal be deemed moot where a party below is not named as a party on appeal?
|Area of Law:||Litigation Practice & Procedure, Litigation Practice and Procedure, Real Estate|
|Keywords:||; Notice of Appeal; Party of Appeal; Moot|
Courts recognize that a respondent’s failure to name a party [on appeal] does not render an appeal moot as a decision on the merits could result in relief to respondent as the complaining party, namely, invalidating the deed in lieu of foreclosure. Fisch v. Lowes Cineplex Theatres, Inc., 365 Ill. App. 3d 537, 539 (2005) ("[a]n appeal is considered moot if no actual controversy exists or if events have occurred that make it impossible to grant the complaining party effectual relief"). Notwithstanding, the court concludes that respondent’s failure to serve a notice of appeal on the [mortgage holder bank], as an interested party, requires dismissal of this appeal.
Pursuant to Illinois Supreme Court Rule 303(c) (eff. May 30, 2008), "[t]he party filing the notice of appeal shall, within 7 days, file a notice of filing with the reviewing court and serve a copy of the notice of appeal upon every other party and upon any other person or officer entitled by law to notice." [statref]Ill. S. Ct. R. 303(c) (eff. May 30, 2008)[/statref]. It is important to note that a court is not deprived of jurisdiction in the event an appellant fails to serve a copy of the notice of appeal on the appropriate party because the filing of the notice of appeal itself is the only requisite jurisdictional step to appeal from a final and appealable decision of the circuit court. Zwolinski, 2013 IL App. (1st) 120612, ¶ 14. That said, an appeal may […]